Legal Question in Family Law in Louisiana

I have a 7 year-old-son whos father has NEVER been a part of his life. My husband of 4 years would like to adopt him. I have already signed and returned the biological fathers termination of child support papers, but now he will not return the adoption papers to me. Can I have his rights terminated? If so, how?


Asked on 4/19/10, 7:34 am

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Why would you sign papers terminating court ordered child support? The right to support belongs to the child not to you. All that had to be done was for him to execute a voluntary act of surrender for adoption and when the adoption was final, his rights and responsibilities would end. So there was no need for you to sign anything to do with child support. In fact, whatever you signed may not be acceptable to the court anyway since the right to support is your child's.

You said he has not been part of the boy's life but he must be paying support if you sent him some sort of paperwork terminating the support. If you agreed not to go after him for back support in exchange for his agreeing to the adoption, then you are short changing your child again. If he has been paying support faithfully and visiting fairly regularly, you will have trouble getting the adoption. However, if he has not paid regularly, and has not had significant communication with his child, then his consent may not be needed. I believe Children's Code Article 1245 covers that. There is a presumption that his consent is not necessary if there has been 6 months of non-payment of court ordered support and/or 6 months of no significant communication between he and his child. You need to determine if that applies. If so, then you file for an Intrafamily Adoption, and have him served. He will then have to come forward and prove he has been an involved father. No matter the outcome, you should go after all back support that your child deserves.

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Answered on 4/24/10, 10:53 am


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